If you and your partner aren’t legally married, estate planning is essential. Without the legal protections that marriage automatically provides, unmarried couples often find themselves vulnerable in times of crisis. With medical decisions, financial access, or inheritance, the law doesn’t assume your partner’s rights the way it would for a spouse.

The Risks You Face Without a Plan

Marriage comes with a built-in legal structure. Spouses are automatically next of kin, inherit by default if there’s no will, and have broad rights to make medical or financial decisions if something happens. Unmarried couples, however, don't get these protections even if you've lived together for decades.

Without a proper estate plan in place, here’s what could happen:

• Your partner could be shut out of medical decisions. Hospitals typically defer to immediate family members, not unmarried partners. Without formal legal authority, your partner could be left helpless during emergencies.
• Your assets could go to relatives you haven't spoken to in years. If you die without a will (known as dying "intestate"), Ohio law controls where your assets go, and unmarried partners aren’t on the list.
• Your financial affairs could become a nightmare. Without a durable power of attorney, your partner would have no right to manage your finances if you become incapacitated.
• Your home and shared belongings could be lost. If your name is the only one on a deed or title, your partner has no automatic right to stay or claim ownership.

Estate planning for unmarried couples isn't just about distributing assets. It’s about making sure your life partner can act on your behalf when it matters most - and ensuring the life you’ve built together stays protected.

Key Documents Every Unmarried Couple Should Have

Creating a thoughtful estate plan helps bridge the legal gap that marriage would otherwise fill. Here are the most critical documents you need to put in place.

Last Will and Testament

A will lets you decide who inherits your property and who carries out your wishes after you’re gone. Without it, the state decides for you, and unmarried partners are left out. Your will should specifically name your partner as a beneficiary if you want them to inherit anything.

Revocable Living Trust

For more complex estates or to avoid probate altogether, a living trust can be incredibly helpful. You transfer assets into the trust during your lifetime and manage them as trustee. Upon your death or incapacity, your partner (or whoever you name) can step in without court interference.

Estate planning for couples who are unmarried often benefits from a trust because it keeps matters private and ensures faster access to important assets like homes, bank accounts, and investments.

Durable Power of Attorney

If you become unable to handle your financial affairs, your partner won’t automatically have access to pay your bills, manage your accounts, or make important decisions. A durable power of attorney gives them this legal authority.

Health Care Power of Attorney and HIPAA Authorization

Medical emergencies bring some of the toughest moments. A health care power of attorney lets your partner make medical decisions on your behalf if you can’t communicate. Without it, hospitals may leave your partner out of critical conversations.

A HIPAA authorization ensures your partner can access your medical records—something hospitals often refuse without proper paperwork.

Living Will

A living will (different from a last will and testament) outlines your wishes about life-sustaining treatment if you’re terminally ill or permanently unconscious. It relieves your partner from having to guess what you would want, and it gives them the legal backing to make tough calls without interference from distant relatives.

Beneficiary Designations

Some assets, like retirement accounts and life insurance, transfer outside of a will. Review and update your beneficiary designations to make sure your partner is listed where you want them to be. This step is often overlooked, but it’s critical.

Property Agreements

If you and your partner jointly own property—or if one of you owns a shared home—you should consider a cohabitation agreement or property ownership agreement. These contracts spell out each person’s rights and responsibilities, helping prevent painful disputes if one of you passes away or the relationship ends.

Common Mistakes to Avoid When Planning Your Future Together

Many unmarried couples recognize the need for estate planning but fall into common traps that leave them unprotected. Here’s how to avoid the biggest mistakes.

• Waiting Too Long: Life changes fast. If you delay estate planning, you risk something happening before your documents are in place. Protecting your relationship and your future starts now—not after you buy a home, have kids, or hit another milestone.
• Relying on Verbal Agreements: Telling your partner "you’ll get everything" doesn't count. Verbal promises carry no legal weight. Only properly drafted and executed documents will stand up when it matters.
• Ignoring Updates: Your estate plan should change with your life. If you move, buy property, start a business, or experience other major shifts, update your documents to reflect your new circumstances.
• Assuming “Common Law Marriage” Applies: Ohio does not recognize new common-law marriages entered into after 1991. Only a few states do - and even then, the rules are strict. Never assume you have rights just because you’ve been together a long time.
• Overlooking Digital Assets: Photos, emails, social media accounts, and cryptocurrency accounts need planning too. Make sure your partner can access your important digital property by including it in your estate plan.

Why Estate Planning for Unmarried Couples Matters

Estate planning for unmarried couples takes work—but it’s the best way to protect the life you’ve built together. Without the automatic protections marriage provides, you have to be intentional about creating your own safety net.

You and your partner deserve peace of mind. You deserve control over your medical decisions, your property, and your future. And most importantly, you deserve to stay connected during life’s most difficult moments, without legal barriers standing in the way.

Work with an Estate Planning Attorney

At Legacy Law Group, Ltd., our team of attorneys help couples like you create personalized estate plans that reflect your relationship and protect your rights. Contact us today to schedule a consultation and take the first step toward securing your future together.